cwisurrnumprr YD, 393 DIVISIO: “Q- LOUISIANA COLLEGE, NINTH JUDICIAL DISTRICT COURT HERRERO EN OEE PETITION FOR BREACH OF CONTRACT The Petition of LOUISIANA COLLEGE, (hereinafter “Plaintiff"), a Non-profit Corporation domiciled and residing in the Parish of Rapides, State of Louisiana, having its domiciliary address at 1140 College Drive, Pineville, Louisiana, represented herein by Dr. John Traylor, its duly authorized interim President, through undersigned counsel, respectfully represents: Made defendant herein is GALENA PARK BOXING ACADEMY & YOUTH CENTER, INC,, (hereinafter “GALENA”), a foreign corporation domiciled in Galena Park, Texas, having its principal place of business at 2223 Clinton Drive, Galena Park, Texas, authorized to do business in this State, and who may be served though its registered agent for service of process, Calvin Malone, 44 Zeb Beaver Road, Pineville, Lovisiana 71360, hereinafter referred to as Defendant. Also made defendant herein is Kenny Weldon who is believed to be residing in Houston, Texas. ‘The defendant sponsored a boxing symposium and event held in Alexandria, Louisiana, In connection therewith, defendant entered into a Summer Conference Contract with Plaintiff, on or about June 10, 2003. Copies of the contract are attached hereto and made a part hereof and marked Exhibit “A”. 3 Plaintiff performed all of its obligations under this contract by supplying housing and food service to participants of the boxing event, as agreed upon in said contract betweenLouisiana College and Galena Park. 4. Subsequently, a bill for housing and food service was sent to Kenny Weldon, a copy of which is attached hereto and made a part hereof and marked Exhibit “B”. After no payment was made plaintiff herein contacted Mr. Cal Malone to inquire about payment. Mr. Malone informed Plaintiff to contact Mr. Myron Lawson. 6 On or about July 21, 2003, Plaintiff then contacted Mr. Lawson by phone and was informed that he would be in a council meeting the next day and would get the bill approved. Follow-up calls were made to Mr. Lawson again, and he informed Plaintiff that a check for $35,000.00 would be forthcoming, Mr. Lawson then referred Plaintiff to Harold Chambers. 1. Harold Chambers aleter attaching two bills related to the boxing event wherein plaintiff provided housing and food services on their campus for the young men of the boxing event. 8 As of this date, Plaintiff has not received any payment toward the bills related to the boxing event that occurred on or about June 14, 2003 through June 28, 2003. 9. On April 27, 2004 a demand letter was delivered to defendant via certified mail return receipt reahebiep dented Bytes ssa Naud saved bo Siickeica by.aticebedala demand letter dated April 27, 2004, that was returned to sender marked unclaimed, a copy of Which is attached hereto and made a part hereof as “Exhibit C”, and the return receipt card, a copy of which is attached hereto and made a part hereof as “Exhibit D”. 10. Kenny Weldon has exceeded his corporate authority, to the extent that he is personally liable for the claims asserted in this Petition.CIVIL SUIT NUMBER ) Ss 35 DIVISION “ & LOUISIANA COLLEGE, * NINTH JUDICIAL DISTRICT COURT GALENA PARK BOXING ACADEMY * & YOUTH CENTER, INC., ET AL * STATE OF LOUISIANA SAREE ERE E NASER KEE RA ERE IH ORDER CONSIDERING the above and foregoing Petition, itis ORDERED mal Ana @sor d. cng pattomey at law, be and he/sheis hereby appointed to accept service and represent KENNY WELDON in the above and foregoing litigation. THUS DONE AND SIGNED, this dayof. 2004, in Alexandria, Rapides DISTRICT, Ninth Judicial